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Terms Used In Oregon Statutes > Chapter 174

  • Action: includes recoupment, counterclaim, setoff, suit in equity and any other proceeding in which rights are determined, including an action for possession. See Oregon Statutes 90.100
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affiliated organization: means any profit or not-for-profit corporation, limited liability company, partnership, sole proprietorship, sponsoring entity or other form of legal entity:

    (a) That is the lessor of the real property on which the facilities of the provider are situated;

    (b) That a provider has identified in its disclosure statement pursuant to ORS 101. See Oregon Statutes 101.020

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Any other state: includes any state and the District of Columbia. See Oregon Statutes 174.100
  • Applicant: means a provider that has submitted an application and disclosure statement to register as a continuing care retirement community. See Oregon Statutes 101.020
  • Application fee: means a fee charged to an individual or individuals, prior to execution of a residency agreement, apart from an entrance fee. See Oregon Statutes 101.020
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Audited financial statement: means a provider's financial statement that has been prepared in accordance with generally accepted accounting principles and that has been audited by an independent certified public accountant in accordance with generally accepted auditing standards and includes notes to the financial statement that state whether or not the continuing care retirement community is in compliance with its reserve requirements. See Oregon Statutes 101.020
  • CCRC: means any provider that is registered with the Department of Human Services and agrees to furnish continuing care to a resident under a residency agreement. See Oregon Statutes 101.020
  • Closed bed long term care facility: means a licensed long term care facility in a continuing care retirement community that is used exclusively by individuals receiving long term care services under a residency agreement. See Oregon Statutes 101.020
  • Collateral: means the property subject to a security interest or agricultural lien. See Oregon Statutes 79.0102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conduct: means the commission of an act or the failure to act. See Oregon Statutes 90.100
  • Consumer goods: means goods that are used or bought for use primarily for personal, family or household purposes. See Oregon Statutes 79.0102
  • Consumer obligor: means an obligor who is an individual and who incurred the obligation as part of a transaction entered into primarily for personal, family or household purposes. See Oregon Statutes 79.0102
  • Consumer transaction: means a transaction in which:

    (i) An individual incurs an obligation primarily for personal, family or household purposes;

    (ii) A security interest secures the obligation; and

    (iii) The collateral is held or acquired primarily for personal, family or household purposes. See Oregon Statutes 79.0102

  • Consumer-goods transaction: means a consumer transaction in which:

    (A) An individual incurs an obligation primarily for personal, family or household purposes; and

    (B) A security interest in consumer goods secures the obligation. See Oregon Statutes 79.0102

  • Continuing care: means directly furnishing or indirectly making available, upon payment of an entrance fee and under a residency agreement, housing and health related services for a period greater than one year to an individual not related by blood or marriage to the continuing care retirement community provider that is furnishing care. See Oregon Statutes 101.020
  • Conviction: A judgement of guilt against a criminal defendant.
  • council: means a body of residents of a continuing care retirement community who are elected by the residents and recognized by the provider as representing the interests of the residents. See Oregon Statutes 101.020
  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • County court: includes board of county commissioners. See Oregon Statutes 174.100
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Delivery: means any method of delivery used in conventional commercial practice, including by hand, mail, commercial delivery and, in accordance with ORS 60. See Oregon Statutes 60.001
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Docket: A log containing brief entries of court proceedings.
  • domestic corporation: means a corporation for profit that is incorporated under or subject to the provisions of this chapter and that is not a foreign corporation. See Oregon Statutes 60.001
  • Dwelling unit: means a structure or the part of a structure that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household. See Oregon Statutes 90.100
  • Electronic notice revocation: means a notice in which a person states that the person will not accept delivery of certain communications by means of electronic transmission. See Oregon Statutes 60.001
  • Electronic transmission: means a form or process of communication that does not directly involve physically transferring paper or another tangible medium and that enables a recipient to retain, retrieve and reproduce information by means of an automated process that is used in conventional commercial practice, except as provided in ORS 60. See Oregon Statutes 60.001
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Employee: includes an officer but not a director, unless the director accepts duties that make the director also an employee. See Oregon Statutes 60.001
  • Entrance fee: means an initial or deferred transfer to a provider of a sum of money or other property made or promised to be made as full or partial consideration for acceptance of one or more residents in a continuing care retirement community. See Oregon Statutes 101.020
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ex officio: Literally, by virtue of one's office.
  • Facility: means a manufactured dwelling park or a marina. See Oregon Statutes 90.100
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Fee: means a nonrefundable payment of money. See Oregon Statutes 90.100
  • Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Oregon Statutes 79.0102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fixed term tenancy: means a tenancy that has a fixed term of existence, continuing to a specific ending date and terminating on that date without requiring further notice to effect the termination. See Oregon Statutes 90.100
  • Floating home: has the meaning given that term in ORS 830. See Oregon Statutes 90.100
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign corporation: means a corporation for profit that is incorporated under laws other than the laws of the state. See Oregon Statutes 60.001
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Good faith: means honesty in fact in the conduct of the transaction concerned. See Oregon Statutes 90.100
  • Goods: means all things that are movable when a security interest attaches. See Oregon Statutes 79.0102
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Individual: means a natural person or the estate of an incompetent individual or a deceased individual. See Oregon Statutes 60.001
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
  • judicial department: means the Supreme Court, the Court of Appeals, the Oregon Tax Court, the circuit courts and all administrative divisions of those courts, whether denominated as boards, commissions, committees or departments or by any other designation. See Oregon Statutes 174.113
  • Juror: A person who is on the jury.
  • Landlord: includes a person who is authorized by the owner, lessor or sublessor to manage the premises or to enter into a rental agreement. See Oregon Statutes 90.100
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • legislative department: means the Legislative Assembly, the committees of the Legislative Assembly and all administrative divisions of the Legislative Assembly and its committees, whether denominated as boards, commissions or departments or by any other designation. See Oregon Statutes 174.114
  • Living unit: means a room, apartment, cottage or other area set aside for the exclusive use of the resident. See Oregon Statutes 101.020
  • Manager: means a person, corporation, partnership, association or other legal entity that enters into a contractual arrangement with the provider to manage the continuing care retirement community. See Oregon Statutes 101.020
  • Manufactured dwelling: includes an accessory building or structure. See Oregon Statutes 90.100
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month-to-month tenancy: means a tenancy that automatically renews and continues for successive monthly periods on the same terms and conditions originally agreed to, or as revised by the parties, until terminated by one or both of the parties. See Oregon Statutes 90.100
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • New continuing care retirement community: means a continuing care retirement community registered by a provider on or after January 1, 1990. See Oregon Statutes 101.020
  • Oath: A promise to tell the truth.
  • Obligor: means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral:

    (i) Owes payment or other performance of the obligation;

    (ii) Has provided property other than the collateral to secure payment or other performance of the obligation; or

    (iii) Is otherwise accountable in whole or in part for payment or other performance of the obligation. See Oregon Statutes 79.0102

  • Open bed long term care facility: means a licensed long term care facility in a continuing care retirement community that admits persons who have not signed a residency agreement. See Oregon Statutes 101.020
  • Organization: includes a corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership or association, two or more persons having a joint or common interest, and any other legal or commercial entity. See Oregon Statutes 90.100
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Owner: includes a mortgagee in possession and means one or more persons, jointly or severally, in whom is vested:

    (a) All or part of the legal title to property; or

    (b) All or part of the beneficial ownership and a right to present use and enjoyment of the premises. See Oregon Statutes 90.100

  • Person: means an individual or entity. See Oregon Statutes 60.001
  • Person: includes an individual or organization. See Oregon Statutes 90.100
  • person with a disability: means any person who:

    (a) Has a physical or mental impairment which substantially limits one or more major life activities;

    (b) Has a record of such an impairment; or

    (c) Is regarded as having such an impairment. See Oregon Statutes 174.107

  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Prepaid rent: means any payment of money to the landlord for a rent obligation not yet due. See Oregon Statutes 90.100
  • Principal office: means the physical street address of an office, in or out of this state, where the principal executive offices of a domestic or foreign corporation are located and designated in the annual report or in the application for authority to transact business in this state. See Oregon Statutes 60.001
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probate: Proving a will
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Provider: means an owner or operator, whether a natural person, partnership, trust, limited liability company, corporation or unincorporated association, however organized, of a new or existing continuing care retirement community, whether operated for profit or not, that provides, plans to provide or agrees to provide continuing care to one or more unrelated residents under a residency agreement. See Oregon Statutes 101.020
  • public notice: means any legal publication which requires an affidavit of publication as required in ORS 193. See Oregon Statutes 174.104
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recreational vehicle: has the meaning given that term in ORS 174. See Oregon Statutes 90.100
  • Regular periodic charges: means basic monthly fees charged to a resident on an ongoing basis. See Oregon Statutes 101.020
  • Rent: means any payment to be made to the landlord under the rental agreement, periodic or otherwise, in exchange for the right of a tenant and any permitted pet to occupy a dwelling unit to the exclusion of others and to use the premises. See Oregon Statutes 90.100
  • Rental agreement: includes a lease. See Oregon Statutes 90.100
  • Residency agreement: means a contract between a provider and a resident for the provision of continuing care for a period greater than one year. See Oregon Statutes 101.020
  • Resident: means a person who enters into a residency agreement with a provider or who is designated in a residency agreement to be a person being provided with continuing care. See Oregon Statutes 101.020
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Secondary obligor: means an obligor to the extent that:

    (A) The obligor's obligation is secondary; or

    (B) The obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either. See Oregon Statutes 79.0102

  • Security deposit: means a refundable payment or deposit of money, however designated, the primary function of which is to secure the performance of a rental agreement or any part of a rental agreement. See Oregon Statutes 90.100
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sexual assault: has the meaning given that term in ORS 147. See Oregon Statutes 90.100
  • special government body: means any of the following:

    (a) A public corporation created under a statute of this state and specifically designated as a public corporation. See Oregon Statutes 174.117

  • Stalking: means the behavior described in ORS 163. See Oregon Statutes 90.100
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Termination statement: means an amendment of a financing statement which:

    (A) Identifies, by its file number, the initial financing statement to which it relates; and

    (B) Indicates either that it is a termination statement or that the identified financing statement is no longer effective. See Oregon Statutes 79.0102

  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: means the federal government or a district, authority, bureau, commission, department or any other agency of the United States. See Oregon Statutes 60.001
  • Venue: The geographical location in which a case is tried.
  • Week-to-week tenancy: means a tenancy that has all of the following characteristics:

    (a) Occupancy is charged on a weekly basis and is payable no less frequently than every seven days;

    (b) There is a written rental agreement that defines the landlord's and the tenant's rights and responsibilities under this chapter; and

    (c) There are no fees or security deposits, although the landlord may require the payment of an applicant screening charge, as provided in ORS 90. See Oregon Statutes 90.100

  • wife: means spouses or a spouse in a marriage. See Oregon Statutes 174.100
  • Written: means embodied as a document. See Oregon Statutes 60.001